Contract Law

Contracts are merely promises made. They can be verbal or written. Some contracts must be in writing to be enforceable. We help our clients evaluate agreements they bring to us for review. We also prepare agreements when necessary. For example, in connection with the purchase or sale of a business, we have prepared purchase and sale agreements (the contract that states the promises each side gives the other in the transaction), promissory notes (the promise to pay), deeds of trust (to create a lien on real property to secure timely payment), and guaranties (that may be a promise by another to perform if the buyer does not). Sadly, the days of handshake deals are largely over.

With our real estate clients, we review their draft agreements and create custom instruments when necessary to meet the needs of each transaction. We recognize that the purchase of a house is likely the largest purchase most people make in their lifetimes, so we strive to assure while also pointing out the risks of the transaction. In the not too distant past, we found ourselves also advising clients who owed more on their property than it was worth.

For business clients, we prefer to review contracts before the deal is finalized. We are happy to read the whole thing, or to interpret selected provisions that are of particular concern. We have helped with terms of sale and a wide variety of agreements like independent contractor arrangements, construction contracts and leases. While it is often easier to advise the client not make the deal, we will often engineer creative solutions that make the deal not only possible but advantageous.

When promises are broken, we litigate those breached contracts. We have sued for money owed to our business and individual clients. Unfortunately, getting the judgment is often the easy part. Then comes the process of collecting the money. But we can do that too. To do so, we employ a myriad of mechanisms like wage garnishments, bank levies and real estate liens.